[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Rules and Regulations]
[Pages 29028-29030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14202]



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DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AH64


Post-Vietnam Era Veterans' Educational Assistance: Miscellaneous

AGENCIES: Department of Defense and Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the regulations concerning the Post-
Vietnam Era Veterans' Educational Assistance Program (VEAP). It removes 
provisions that are obsolete, duplicative, or otherwise unnecessary. It 
also makes changes for purposes of clarification.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director 
for Policy and Program Administration, Education Service, Veterans 
Benefits Administration, Department of Veterans Affairs, 202-273-7187.

SUPPLEMENTARY INFORMATION: The regulations governing VEAP are set forth 
in 38 CFR Part 21, Subpart G (see 38 CFR 21.5001 through 21.5300). This 
document amends these regulations as discussed below.
    Section 21.5001 is revised to specify delegations of authority to 
various employees to make decisions concerning claims for benefits 
under VEAP. Previously these delegations were included by incorporation 
by reference.
    Section 21.5020 is revised by referring readers to applicable 
statutory provisions instead of restating the statutory provisions.
    Section 21.5021 is amended to correct a typographical error.
    Section 21.5022 is amended to update information concerning the 
relationship between VEAP benefits and other benefit programs.
    Section 21.5040 contained a paragraph that required each person who 
was eligible for educational assistance under both the Vietnam Era GI 
Bill and VEAP to elect under which program he or she wished to receive 
benefits. These provisions are removed. Since the Vietnam Era GI Bill 
has expired, no one is eligible under both programs. However, if such 
an election was made in the past, it remains irrevocable by statute 
(see 38 U.S.C. 3221(f)).
    Section 21.5058 is amended by removing a reference to Sec. 21.4703, 
since Sec. 21.4703 was removed by another Federal Register document. 
Also, the reference to Sec. 21.4703 is replaced by a reference to the 
corresponding statutory provision.
    Section 21.5060 contained material concerning disenrollment from 
VEAP by individuals who instead chose to participate in the Vietnam Era 
GI Bill. Since individuals can no longer do that, the material is 
removed.
    Section 21.5064 contained provisions concerning an officer 
adjustment benefit. Eligibility can no longer be established for this 
benefit. Therefore, this material is obsolete and is removed.
    Section 21.5074 contained provisions for reducing the monthly 
payment made to a VEAP participant who has excessive absences during 
that month. Due to a statutory change, these provisions applied only to 
absences occurring prior to December 18, 1989. Consequently, this 
section is obsolete and is removed.
    Section 21.5100 is amended by replacing obsolete authority 
citations with current citations.
    Section 21.5103 is amended by removing obsolete rules concerning 
when travel connected with counseling will be reimbursed by the 
Department of Veterans Affairs (VA), and replacing those rules with a 
reference to the sections of the U.S. Code that govern these 
reimbursements.
    Section 21.5130 contained statements as to which of several 
regulations governing payments of educational assistance VA will apply 
to the payments of educational assistance under VEAP. This section is 
revised to eliminate references to sections and paragraphs that no 
longer exist.
    Section 21.5132 is amended by removing provisions that are no 
longer necessary because they applied only to payments that have 
already been made.

[[Page 29029]]

    Section 21.5141 contained the rules for determining the amount of 
tutorial assistance for which a VEAP participant may be eligible. The 
method for making this determination is the same as the method used in 
determining tutorial assistance for several of the other educational 
assistance programs VA administers, such as the Montgomery GI Bill--
Active Duty program. Hence, instead of repeating the detailed 
instructions in Sec. 21.5141, the same instructions in Sec. 21.4236 are 
incorporated by reference.
    Section 21.5145 is removed because it is no longer necessary. VA 
recently revised Sec. 21.4145 so that it applies to VA's work-study 
programs in all the education programs VA administers. There is no need 
for a separate regulation restating work-study provisions for VEAP 
participants.
    In Sec. 21.5200, paragraph (f) contained material concerning 
absences which, as noted above, no longer is applicable. Hence, this 
material is obsolete and is removed.
    Section 21.5300, and a reference in Sec. 21.5292 to Sec. 21.5300, 
are removed because Sec. 21.5300 merely concerned the applicability of 
sections that were removed by another Federal Register document.
    This document also makes changes to some of the sections referred 
to above for clarification.
    This document removes provisions that are obsolete, duplicative, or 
without substantive effect and makes changes for clarification. This 
document makes no substantive changes. Accordingly, there is a basis 
for dispensing with prior notice and comment and delayed effective date 
provisions of 5 U.S.C. 552 and 553.
    The Secretary of Veterans Affairs and the Secretary of Defense 
hereby certify that this final rule will not have a significant 
economic impact on a substantial number of small entities as they are 
defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This final 
rule makes no substantive changes. Pursuant to 5 U.S.C. 605(b), this 
final rule, therefore, is exempt from the initial and final regulatory 
flexibility analyses requirements of Secs. 603 and 604.
    The Catalog of Federal Domestic Assistance number for the program 
affected by these regulations is 64.120.

List of Subjects in 38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflict of interests, Defense 
Department, Education, Employment, Grant programs--education, Grant 
programs--veterans, Health care, Loan programs--education, Loan 
programs--veterans, Manpower training programs, Reporting and 
recordkeeping requirements, Schools, Travel and transportation 
expenses, Veterans, Vocational education, Vocational rehabilitation.

    Approved: May 22, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
Samuel E. Ebbesen,
Lieutenant General, USA, Deputy Assistant Secretary (Military Personnel 
Policy), Department of Defense.

    For the reasons set out in the preamble, 38 CFR part 21 (subpart G) 
is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under 
38 U.S.C. Chapter 32

    1. The authority citation for 38 CFR part 21, subpart G is revised 
to read as follows:

    Authority: 38 U.S.C. 501(a), ch. 32, unless otherwise noted.

    2. Section 21.5001 is revised to read as follows:


Sec. 21.5001  Administration of benefits: 38 U.S.C. Chapter 32.

    (a) Delegation of authority. Except as otherwise provided, 
authority is delegated to the Under Secretary for Benefits and to 
supervisory or administrative personnel within the jurisdiction of the 
Education Service, Veterans Benefits Administration, designated by him 
or her to make findings and decisions under 38 U.S.C. Chapter 32 and 
the applicable regulations, precedents, and instructions, as to the 
program authorized by subpart G of this part.

(Authority: 38 U.S.C. 512(a))

    (b) Administrative provisions. In administering benefits payable 
under 38 U.S.C. Chapter 32, VA will apply the following sections:
    (1) Section 21.4002--Finality of decisions;
    (2) Section 21.4003 (except paragraphs (d) and (e))--Revision of 
decisions;
    (3) Section 21.4005--Conflicting interests;
    (4) Section 21.4006--False or misleading statements;
    (5) Section 21.4007--Forfeiture;
    (6) Section 21.4008--Prevention of overpayments; and
    (7) Section 21.4009--Overpayments; waiver or recovery.

(Authority: 38 U.S.C. 3241(a), 3680, 3683, 3685, 3690, 6103)

    3. Section 21.5020 is revised to read as follows:


Sec. 21.5020  Post-Vietnam era veterans' educational assistance.

    Title 38 U.S.C. Chapter 32 provides for a participatory program for 
educational assistance benefits to eligible veterans and 
servicepersons. The intent of the Congress for this program is stated 
in 38 U.S.C. 3201.

(Authority: 38 U.S.C. 3201)

    4. In Sec. 21.5021, the authority citation following paragraph 
(b)(5) is amended by removing ``320'' and adding, in its place, 
``3202)'' and the authority citation following paragraph (c) is amended 
by removing ``101'' and adding, in its place, ``101(20)''.
    5. In Sec. 21.5022, paragraphs (a), (b)(1)(i), (b)(1)(ii), 
(b)(1)(iii), and (b)(1)(iv) are revised, and paragraphs (b)(1)(v), 
(b)(1)(vi), and (b)(1)(vii) are added, to read as follows:


Sec. 21.5022  Eligibility under more than one program.

    (a) Concurrent benefits under more than one program. An individual 
may not receive educational assistance under 38 U.S.C. Chapter 32 
concurrently with benefits under any of the following provisions of 
law:
    (1) 38 U.S.C. Chapter 31;
    (2) 38 U.S.C. Chapter 35;
    (3) 10 U.S.C. Chapter 107;
    (4) 10 U.S.C. Chapter 1606;
    (5) Section 903 of the Department of Defense Authorization Act, 
1981 (10 U.S.C. 2141 note); or
    (6) The Omnibus Diplomatic Security and Antiterrorism Act of 1986.

(Authority: 38 U.S.C. 3681(b))

    (b) Total eligibility under more than one program.
    (1) * * *
    (i) 38 U.S.C. Chapter 30;
    (ii) 38 U.S.C. Chapter 35;
    (iii) 10 U.S.C. Chapter 107;
    (iv) 10 U.S.C. Chapter 1606;
    (v) Section 903 of the Department of Defense Authorization Act, 
1981 (10 U.S.C. 2141, note);
    (vi) The Hostage Relief Act of 1980 (5 U.S.C. 5561 note); or
    (vii) The Omnibus Diplomatic Security and Antiterrorism Act of 
1986.
* * * * *
    6. In Sec. 21.5040, paragraph (g) is removed and paragraph (h) is 
redesignated as paragraph (g).
    7. In Sec. 21.5058, paragraph (b) is amended by removing 
``Sec. 21.4703 of this part'' and adding, in its place, ``sec. 207, 
Pub. L. 101-366, 104 Stat. 442,''.

[[Page 29030]]

    8. In Sec. 21.5060, paragraph (a)(2) is revised to read as follows:


Sec. 21.5060  Disenrollment.

    (a) Voluntary disenrollment. * * *
    (2) At any time within the initial 12 months of participation, an 
individual may elect to disenroll for reasons of personal hardship 
only.

(Authority: 38 U.S.C. 3221(a), (b))
* * * * *
    9. In Sec. 21.5064, paragraphs (b)(1) and (b)(2) are revised to 
read as follows:


Sec. 21.5064  Refund upon disenrollment.

* * * * *
    (b) Effective date of refund. * * *
    (1) If an individual voluntarily disenrolls from the program before 
discharge or release from active duty, VA will refund the individual's 
unused contributions:
    (i) On the date of the participant's discharge or release from 
active duty; or
    (ii) Within 60 days of VA's receipt of notice of the individual's 
discharge or disenrollment; or
    (iii) As soon as possible after VA's receipt of notice indicating 
that an earlier refund is needed due to hardship or for other good 
reasons.

(Authority: 38 U.S.C. 3223(b), 3232)

    (2) If an individual voluntarily disenrolls from the program after 
discharge or release from active duty under other than dishonorable 
conditions, his or her contributions shall be refunded within 60 days 
of receipt by VA of an application for a refund from the individual.

(Authority: 38 U.S.C. 3202(1)(A), 3223(c), 3232(b))
* * * * *


Sec. 21.5074  [Removed]

    10. Section 21.5074 is removed.


Sec. 21.5100  [Amended]

    11. In Sec. 21.5100, the authority citation following paragraph (b) 
is amended by removing ``3463; Pub. L. 96-466, Pub. L. 99-576'', and 
adding, in its place, ``3697A(a)''; the authority citation following 
paragraph (c) is amended by removing ``3463; Pub. L. 99-466, Pub. L. 
99-576'' and adding, in its place, ``3241, 3697A (a) and (b)''; and the 
authority citation following paragraph (d) is amended by removing 
``3697A'' and adding, in its place, ``3697A(c)''.
    12. Section 21.5103 is revised to read as follows:


Sec. 21.5103  Travel expenses.

    (a) General. VA shall determine and pay the necessary expense of 
travel to and from the place of counseling for a veteran who is 
required to receive counseling as provided under 38 U.S.C. 111 (a), 
(d), (e), and (g).

(Authority: 38 U.S.C. 111(a), (d), (e), and (g))

    (b) Restriction. VA will not pay the necessary cost of travel to 
and from the place of counseling when counseling is not required, but 
is provided as a result of a voluntary request by the veteran.

(Authority: 38 U.S.C. 111)

    13. In Sec. 21.5130, paragraph (a) is amended by removing ``(except 
paragraph (e))''; the authority citations following paragraphs (a) and 
(b) are removed; paragraph (d) is amended by removing ``paragraphs (b), 
(c), (d), (o), and (v)'' and adding, in its place, ``paragraph (b)''; 
the authority citation following paragraph (d) is removed; paragraph 
(e) is amended by removing ``paragraphs (a), (b), and (c)'' and adding, 
in its place, ``paragraph (b)''; paragraph (f) is removed; paragraphs 
(g) and (h) are redesignated as paragraphs (f) and (g), respectively; 
the authority citations following newly redesignated paragraphs (f) and 
(g) are amended by removing ``3241'' and adding, in its place, 
``3241(a)''; and the introductory text is revised to read as follows:


Sec. 21.5130  Payments; educational assistance allowance.

    VA will apply the following sections in administering benefits 
payable under 38 U.S.C. Chapter 32:
* * * * *
    14. In Sec. 21.5132, paragraph (b)(2) is removed; and paragraph 
(b)(3) is redesignated as paragraph (b)(2) and is revised to read as 
follows:


Sec. 21.5132  Criteria used in determining benefit payments.

* * * * *
    (b) Contributions. * * *
    (2) The amount the Secretary of Defense has contributed to the fund 
for the individual.

(Authority: 38 U.S.C. 3231)

    15. Section 21.5141 is revised to read as follows:


Sec. 21.5141  Tutorial assistance.

    An individual who is otherwise eligible to receive benefits under 
the Post-Vietnam Era Veterans' Educational Assistance Program may 
receive supplemental monetary assistance to provide tutorial services. 
In determining whether VA will pay the individual this assistance, VA 
will apply the provisions of Sec. 21.4236.

(Authority: 38 U.S.C. 3234, 3492)


Sec. 21.5145  [Removed]

    16. Section 21.5145 is removed.


Sec. 21.5200  [Amended]

    17. In Sec. 21.5200, paragraph (f) is removed and reserved.


Sec. 21.5292  [Amended]

    18. In Sec. 21.5292, paragraph (e)(2) is amended by removing 
``21.5300'' and adding, in its place, ``21.5270''.
    19. The undesignated center heading preceding Sec. 21.5300 is 
removed.


Sec. 21.5300  [Removed]

    20. Section 21.5300 is removed.

[FR Doc. 96-14202 Filed 6-6-96; 8:45 am]
BILLING CODE 8320-01-P